In the submission on the promulgation of a Decree detailing and guiding a number of articles of the Resolution of the National Assembly stipulating a number of mechanisms and policies to remove difficulties and obstacles in the organization of the implementation of the Land Law that is being appraised by the Ministry of Justice, there are proposals to amend and supplement a number of articles of Decree No. 88/2024/ND-CP, including regulations on land prices, land rent, granting of Land Use Rights Certificates, etc.
Accordingly, amend and supplement Clause 2, Article 5 of the Draft in the direction of:
Households and individuals who are using land that have violated land laws before July 1, 2014 but have used land stably, and are eligible for the conditions considered for granting a Certificate of Land Use Rights as prescribed in Clause 1, Point a and Point c, Clause 2, Clause 3, Clause 4, Article 139 of the Land Law, except for conditions in accordance with the planning for land recovery prescribed in Article 78, Article 79 of the Land Law and Article 3 of Resolution No. 254/2025/QH15.
The Ministry of Agriculture and Environment said that according to the provisions of Clause 1, Point a and Point c, Clause 2, Clause 3, Clause 4, Article 139 of the Land Law, in case the land is being used by a household and is in accordance with the regulations, a Certificate will be granted.
However, when reclaiming land to implement an investment project, that land is not considered for granting a Certificate because it is not in accordance with the approved regulations for the project, leading to many localities confused in determining which planning is suitable to implement compensation for land users.
Therefore, it is necessary to amend and supplement the exclusion of conditions in accordance with the planning to reclaim land for project implementation as prescribed in Articles 78, 79 of the Land Law and Article 3 of Resolution No. 254/2025/QH15 to ensure fairness as in cases of being granted a Land Use Rights Certificate.
